§33-11-6. Violations, cease and desist and penalty orders and
modifications thereof.
If, after notice and hearing, the Commissioner determines that
any person has engaged in or is engaging in any method of
competition, act or practice in violation of the provisions of this
article or any rules or regulations promulgated by the Commissioner
thereunder, the Commissioner shall issue an order directing the
person to cease and desist from engaging in the method of
competition, act or practice and, in addition thereto, the
Commissioner may at his or her discretion order any one or more of
the following:

(a) Require the payment to the State of West Virginia of a
penalty in a sum not exceeding one thousand dollars for each and
every act or violation, but not to exceed an aggregate penalty of
ten thousand dollars, unless the person knew or reasonably should
have known he or she was in violation of this article, in which
case the penalty shall not exceed five thousand dollars for each
and every act or violation, but not to exceed an aggregate penalty
of one hundred thousand dollars in any six-month period.

(b) In the event the act involves an intentional violation of
subdivision (9), section four of this article, and even though it
has not been established that the person engaged in a general
business practice, require the payment to the State of West
Virginia of a penalty in a sum not to exceed ten thousand dollars.

(c) Require the payment to the State of West Virginia of a penalty in a sum not exceeding two hundred fifty thousand dollars
if the Commissioner finds that the insurer committed or performed
unfair claims settlement practices with such frequency as to
indicate a general business practice.

(d) Revoke or suspend the license of any person if he or she
knew, or reasonably should have known, that he or she was in
violation of this article.

(e)(1) Provide restitution from the Unfair Claims Settlement
Practice Trust Fund to a claimant who has suffered damages as a
result of a general business practice or from an egregious act by
a person whether or not the act constituted a pattern corresponding
to an unfair claim settlement practice committed with such
frequency as to constitute a general business practice.

(2) Restitution provided herein may include: (A) Actual
economic damages; and (B) noneconomic damages not to exceed ten
thousand dollars. Restitution may not be given for attorney fees
and punitive damages.

(f) It is expressly understood and intended that the
provisions of paragraph (1), subdivision (e) of this section do not
create a private cause of action against the person that has
committed an unfair claims settlement practice. In the event that
any provision of said paragraph is found to be unconstitutional or
is deemed by any court of competent jurisdiction to create a
private cause of action, then subdivision (e) shall be void.

(g) Any person aggrieved by an order of the Commissioner under this article may seek judicial review of the order as provided in
section fourteen, article two of this chapter.

(h) No order of the Commissioner pursuant to this article or
order of any court to enforce it, or holding of a hearing, shall in
any manner relieve or absolve any person affected by the order or
hearing from any other liability, penalty or forfeiture under law.

(i) The provisions of section four-a of this article and
subdivision (e) of this section do not apply to medical
professional liability insurance claims pursuant to article
seven-b, chapter fifty-five of this code and workers compensation
insurance policies governed by article two-c, chapter twenty-three
of this code.